Are Antifa Members Domestic Terrorists? Background on Antifa and Federal Classification of Their Actions

Are Antifa Members Domestic Terrorists? Background on Antifa and Federal Classification of Their Actions

Updated June 9, 2020
Are Antifa Members Domestic Terrorists? Background on
Antifa and Federal Classification of Their Actions
On May 31, 2020, President Donald Trump announced via
Antifa Purpose and Tactics
Twitter that the United States will be designating antifa, an
Some members are willing to commit crimes , some violent,
organization of loosely affiliated individuals who describe
to promote their beliefs, although much antifa activity
themselves and their ideological outlooks as “antifa”
involves nonviolent protest such as hanging posters,
(shorthand for “antifascist”), as a domestic terrorist group.
delivering speeches, and marching. As a core purpose,
Some media and law enforcement reports suggest that
antifa groups track and react to the activities of individuals
antifa members may be responsible for some of the
or groups they see as advocating fascist views, such as neo-
violence and looting that has taken place amid the protests
Nazis, racist skinheads, white supremacists, and white
that have occurred recently in various U.S. cities. Further,
nationalists. While few concrete antifa principles exist
some reports indicate that antifa members have been
across all groups, U.S. supporters have articulated four
involved in peaceful protests as well.
shared “obligations.” According to some adherents, antifa
groups must (1) track the activity of fascist groups, (2)
This In Focus discusses the background of the U.S. antifa
oppose their public organizing, (3) support antifascist allies
movement, whether or not members and their actions may
attacked by fascists or arrested by police, and (4) not
be categorized as domestic terrorists and domestic
cooperate with law enforcement.
terrorism, respectively, and issues around designating
domestic groups as terrorists.
Antifa adherents believe that civil liberties protections
provide safe harbor to ideas and people bent on harming
Antifa Background
vulnerable populations in the United States. Thus, antifa
Antifa members view themselves as part of a protest
followers tend not to accept that the conventional
tradition that arcs back to opposition groups in Nazi
government capacities will thwart the rise of fascist
Germany and fascist Italy prior to World War II. U.S. antifa
movements. They lack faith in the ability of law
activism traces its roots back to antiracists who mobilized
enforcement to investigate or prosecute fascists who break
in the 1980s while opposing the activities of racist
the law, especially during shows of force at public marches,
skinheads, members of the Ku Klux Klan (KKK), and neo-
and some are willing to engage in criminal acts—taking the
Nazis. Founded in 2007, The Rose City Antifa in Portland,
law into their own hands—when confronting their foes or
OR, is the oldest U.S. group to use “antifa” in its moniker.
expressing their own ideas.
Antifa groups in the United States gained prominence
following violent clashes between white supremacists and
When it has occurred, interpersonal violence during
their opponents, including antifa supporters, in
demonstrations has ranged from street fights involving
Charlottesville, VA, on August 12, 2017.
groups to “Nazi-punching,” which, as the term suggests,
involves an individual assaulting a perceived enemy. Antifa
The U.S. antifa movement appears to be decentralized,
followers have also caused property damage at protests. In
consisting of independent, radical, like-minded groups and
some instances, antifa followers show up at protests
individuals. Its tenets can echo the principles of anarchism,
prepared for physical skirmishes, carrying weapons as well
socialism, and communism. Members do not necessarily
as gear such as shields and helmets.
adhere to just the tenants of these philosophies, however.
Among many other things, they may also support
Violence by U.S. antifa members is not new. For example,
environmentalism, the rights of indigenous populations, and
in 2012 Anti-Racist Action (ARA; an antiracist group now
gay rights.
known as The Torch Network or Torch Antifa) attacked a
meeting of the Illinois European Heritage Association,
Contemporary U.S. antifa adherents likely do not share a
consisting of white supremacists from the National Socialist
list of enemies, as the movement lacks a unifying
Movement and people from other groups. Brandishing
organizational structure or detailed ideology that might
items such as hammers, baseball bats, and police batons, the
shape such a list. Local groups do not necessarily listen to
attackers entered a Chicago-area restaurant and assaulted
each other’s pronouncements and might aim their animus at
meeting attendees.
enemies specific to their group. Further, “fascism” is
notoriously difficult to define. Thus, particular antifa
Antifa movement literature emphasizes a number of ways
groups may oppose different things based on how they
to “take action.” The same movement source that describes
identify who or what is fascist.
antifa “obligations” urges followers to pursue some
activities that appear to be fairly ordinary, lawful protest
fare, as well as other activities that seem more
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Are Antifa Members Domestic Terrorists? Background on Antifa and Federal Classification of Their Actions
confrontational. Among its suggestions, it encourages
the policy of a government by intimidation or coercion,
adherents to do the following:
and occur primarily within the territorial jurisdiction of

the United States.” The definition says nothing about
Develop an online/social media presence to promote
the specific ideological motivations of domestic
antifa views and recruit new members.
terrorists. In recent years, DOJ and the FBI have
 Monitor the activities of groups and individuals who
delineated a number of ideologies that domestic
describe themselves as white nationalists, among others.
terrorists use to justify their crimes. Domestic
 Throw fundraisers and set up promotional tables at a
terrorists/extremists commit crimes in the name of
variety of public events to recruit new members.
anarchism (likely including antifa), animal rights,

environmental rights, white supremacy, antigovernment
Join rallies held by like-minded organizations and stage
beliefs, black separatism, and beliefs tied to abortion.
counter-demonstrations to fascist rallies.
(For more, see CRS Report R44921, and CRS In Focus
 Compel organizations hosting speakers or rallies with a
IF10769.)
fascist bent to cancel such events. Protest can involve
Joint Terrorism Task Forces (JTTFs) led by the FBI
obstructing access to venues and intense lobbying of
coordinate federal counterterrorism investigations—
hosts. This activity has been called “no platforming”
including those involving crimes perpetrated by antifa
(i.e., denying opponents a public platform).
supporters. The more than 100 JTTFs in FBI field
 Remove or deface the publicly posted flyers of
divisions across the country bring together federal,
perceived enemies.
state, and local participants. JTTFs are multiagency

teams of investigators, analysts, linguists, and other
Publicize information about perceived enemies. This can
specialists who investigate terrorism and terrorism-
include group affiliations (such as the KKK), home
related crimes. The FBI safeguards against cases solely
addresses, photographs, phone numbers, social media
focused on constitutional y protected activities. Formal
profiles, and their employers. This kind of activity, often
FBI investigative activity must be conducted, at the very
involving lawful online research, is called doxxing. In
least, for an authorized national security, criminal, or
some instances, innocent persons (cases of mistaken
foreign intel igence col ection purpose and in pursuit of
identity) have been targeted and had their lives disrupted
a clearly defined objective. Investigative activity may not
by doxxing, although antifa activists engaging in this
solely monitor the exercise of First Amendment rights.
line of work purport to avoid such outcomes.

While the FBI has confirmed that antifa and other
Develop self-defense training regimens involving
extremists are subjects of ongoing domestic terrorism
martial arts and the legal limits governing self-defense
investigations, it declines to designate any organization a
items such as pepper spray, retractable clubs, and
“domestic terrorist organization.” Doing so may infringe on
firearms. Where and how antifa followers use such
First Amendment-protected free speech—belonging to an
training and equipment likely depends partly on the
ideological group in and of itself is not a crime in the
threat posed by opponents at rallies or the risk of arrest
United States. Further, as previously stated, antifa is a
and criminal conviction.
decentralized movement, and law enforcement designation
Are Antifa Members Domestic
of antifa as a singular group may prove to be difficult.
Terrorists?
In July 2019 congressional testimony, Director Wray said
The Federal Bureau of Investigation (FBI) has expressed
the FBI does not investigate ideology; it investigates
increasing concern about violence perpetrated by antifa
violence. When it comes to characterizing ideologically
supporters. In congressional testimony in November 2017,
inspired criminal actors for investigative purposes, the FBI
FBI Director Christopher Wray said that the FBI was
occasionally confronts suspects who can be viewed as
pursuing “a number of what we would call anarchist
terrorists, but it is important to note that domestic terrorism
extremist investigations, where we have properly predicated
is not a chargeable federal offense. While an individual may
subjects [people] who are motivated to commit violent
still have committed criminal acts that are widely
criminal activity on kind of an antifa ideology.” In public
considered domestic terrorism, the individual cannot be
remarks in January 2018, Thomas E. Brzozowski, the
Department of Justice’s (DOJ’s
charged with committing an act of domestic terrorism
) Counsel for Domestic
under current federal law. For example, Timothy McVeigh,
Terrorism Matters, reiterated Wray’s comments. At a DOJ
widely considered a domestic terrorist in the United States,
press conference on June 4, 2020, Director Wray confirmed
was convicted of murder, conspiracy, and using a weapon
active FBI domestic terrorism investigations involving
of mass destruction in the 1995 bombing of the Alfred P.
antifa supporters and other extremists.
Murrah Federal Building in Oklahoma City that killed 168
people. The FBI and other federal law enforcement must
FBI Terrorism Investigations. The FBI is the lead
rely on their working definitions and available tools to
agency for federal terrorism investigations (28 C.F.R.
appropriately investigate these incidents.
0.85(l)). Its top priority is protecting the United States
from terrorist attack. The FBI relies on the fol owing
(Portions of this product were originally authored by former
definition of domestic terrorism: “acts of violence that
CRS Specialist Jerome P. Bjelopera.)
[violate] the criminal laws of the United States or any
state, committed by individuals or groups without any
Lisa N. Sacco, Analyst in Illicit Drugs and Crime Policy
foreign direction, and appear to be intended to
intimidate or coerce a civilian population, or influence
IF10839
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Are Antifa Members Domestic Terrorists? Background on Antifa and Federal Classification of Their Actions

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